Sunday, April 11, 2004

Question:
What is the argument some scholars use while stipulating the age of a child (boy) as seven years old - to be transfered from mother's custody under the custody of a father, in case the parents are divorced?

Answer:
He needs to be learn from his father the ways and behavior of men. I.e. he needs the raising of the father, who has more strength to do so usually, and for teaching the matters of ghusl and so on. This is different from the girl, because she needs to learn the ways of women, especially dealing with menses and such from her mother - things that the father might shy away from doing. However, at a later stage she is also in need of the protection of her father for finding a suitable husband, protect her from bad men and so on.

Note that the father has the right of bringing up children from birth on, and can come to see them everyday if he wishes. Moreover, if the father permits, then the child of a divorced woman may stay with the mother at any age, even after puberty.

Question:
What are the opinions of imam abu hanifa and other imams regarding accepting jizya and giving protection to people such as mormons and sikhs whose books came after the quran?

Answer:
Abu Hanifah said jiziah is accepted from all non-Muslims except apostates and pagan Arabs.

This is also one saying Ahmad and several Malikis. In one saying of Malik jiziah is acceptable even from pagan Arabs. However, noone said it is acceptable from apostates.

Many Hanbali, Shafi3i and Maliki scholars say jiziah is only accepted from majuus, christians and jews.

Question:
Are women allowed to be members of parliament or councillors according to the Quran, sunnah and the opinion of the olema?

Answer:
I asked Ahmad Hajji al-Kurdi , who said: The most weighty opinion is that they cannot be members of parliament, because:

-The basic principle of Islam regarding women is that they should is to be private and covered, and being in parliament is the opposite of that.
-The Prophet (may Allah raise his rank) said "Lan yufliHa qawmun wallaa amrahum imra'ah". The literal translation is: "a people lead by a woman will not succeed".
-Throughout history the muslims have avoided selecting women to be kings, governors, minister, judges or the like. This indicates scholarly consensus by action.